The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Distribution service
has the meaning assigned by V.T.C.A., Utilities Code sec. 33.008.
Electric utility
has the meaning assigned by V.T.C.A., Utilities Code sec. 31.002.
Public utility
means:
(1) 
A person who owns or operates a gas or waterworks or water plant used for local sale and distribution, located within an incorporated city or town in the state; or
(2) 
An electric utility or transmission and distribution utility, providing distribution service within an incorporated city or town in the state.
Transmission and distribution utility
has the meaning assigned by V.T.C.A., Utilities Code sec. 31.002.
(a) 
The city hereby makes a reasonable lawful charge for the use of a city street, alley or public way by a public utility in the course of its business.
(b) 
The total charge is two percent of the gross receipts of the public utility for the sale of gas or water within the city.
(c) 
The total charges, however designated or measured, relating to distribution service of an electric utility or transmission and distribution utility within the city is the amounts prescribed by V.T.C.A., Utilities Code sec. 33.008. The charges paid by an electric utility or transmission and distribution utility under this subsection is only for distribution service.
(d) 
If a public utility taxed under this section pays a special tax, rental, contribution or charge under a contract or franchise executed before May 1, 1941, the city shall credit the payment against the amount owed by the public utility on any charge allowable under subsection (a) of this section.
(Ordinance 297, sec. 3, adopted 3/27/59)
(a) 
This article does not apply to a utility company owned and operated by a city, town, county, water improvement district or conservation district.
(b) 
This article does not:
(1) 
Affect collection of ad valorem taxes; or
(2) 
Impair or alter a provision of a contract, agreement or franchise made between a city and a public utility company relating to a payment made to the city.
Notwithstanding anything to the contrary in V.T.C.A., Utilities Code ch. 161, this article applies to a retail electric provider, as defined in V.T.C.A., Utilities Code sec. 31.002(17), that is owned, operated or controlled by an electric cooperative.
(a) 
All persons using or maintaining any telephone, telegraph, electric light or other pole, gas pipe line, pipe and other fixture in any of the streets, highways, easements, alleys or other public ways within the corporate limits of the city shall, on May 1 each and every year, file with the city secretary a sworn report showing the gross receipts from the business conducted by such person within the corporate limits of the city for the preceding year ending March 1.
(b) 
The city council may have the books and records of the person rendering the statement required in subsection (a) of this section examined by a representative of the city to ascertain whether such statement is accurate, but nothing in this section shall be construed to prevent the city from ascertaining the facts by any other method.
(Ordinance 297, secs. 1, 2, adopted 3/27/59)
Upon receipt by the city of the charge levied in this article, the city shall deliver a receipt for such charge to the person, which receipt shall authorize such person to use and occupy the streets, highways, easements, alleys, parks and other public ways of the city in carrying on his business for 12 months from May 1 of such year.
(Ordinance 297, sec. 4, adopted 3/27/59)
The rentals for the privilege of using the streets, alleys, highways, easements and public ways of the city, as provided for in this article, is not charged as a tax, but is made for the privilege now enjoyed and to be enjoyed by such persons of using the streets, easements, alleys and other public ways of the city in the conduct of their respective businesses. Such charges are additional to all ad valorem taxes and all taxes of every nature whatsoever against such persons.
(Ordinance 297, sec. 5, adopted 3/27/59)
Nothing in this article is intended to relieve any person of any condition, restriction or requirement imposed by any law or ordinance of the city.
(Ordinance 297, sec. 6, adopted 3/27/59)
(a) 
This article does not grant a franchise to any utility or person to use the streets, easements, alleys and other public ways, and shall never be so constructed by the courts or otherwise.
(b) 
The city reserves the right to cancel the privileges granted under this article and refund the unearned charge paid to the city.
(Ordinance 297, sec. 7, adopted 3/27/59)
The city hereby reserves the right to put into effect at any time other restrictions and regulations as to the erection and maintenance of poles, wires, pipes and other appurtenances in the streets, easements, alleys and other public ways of the city, and from time to time to require such poles, pipes, wires and other property, equipment and fixtures, as it may deem proper, to be removed, and to require wires to be run in conduits on such terms as the city may deem proper.
(Ordinance 297, sec. 8, adopted 3/27/59)